Thursday, November 10, 2011
The District of Columbia Court of Appeals has disbarred an attorney originally charged with 100 violations of ethics rules in the course of representing 11 clients in immigration matters. The court agreed with the Board on Professional Responsibility that 94 violations were proven by clear and convincing evidence.
The court also found that the attorney engaged in conduct that seriously interfered with the administration of justice (note that D.C.'s version of Rule 8.4(d) does not track exactly the formulation of the Model Rule) by failing to respond to Bar Counsel's requests for information. The board had held that the rule cannot be violated unless Bar Counsel obtains a board order compelling a response.
The court disagreed, relying on an earlier decision that resolved the issue. (Mike Frisch)